Gibson Dunn provides a brief overview of the key legal and regulatory developments in India from October 1, 2015 to April 30, 2016.
May 18, 2016
On May 16, 2016, the Supreme Court issued Spokeo, Inc.
May 17, 2016
On Tuesday, May 10, 2016, the Commodity Futures Trading Commission ("CFTC") proposed an amendment (the "Proposal") to its 2013 RTO/ISO Exemption Order that would allow private parties to bring lawsuits alleging violations of the anti-fraud and anti-manipulation rules for swaps and derivatives traded in the FERC-regulated markets of Regional Transmission Operators ("RTO") and Independent System Operators ("ISO"), and in Texas.
May 17, 2016
This is the latest update of significant developments relating to regulatory, administrative, or legal actions involving schools, especially private-sector schools. The last quarter has been an eventful one, with the Supreme Court hearing arguments in what could be the most important False Claims Act case in a century, the United States Court of Appeals issuing a ruling on the Gainful Employment rules, and the Federal Trade Commission taking action. We discuss all of these topics, and many others from the last quarter, below. A. The Courts Continue to Examine What Constitutes an FCA Claim in the Education Context and Beyond 1. The S
May 12, 2016
On May 11, 2016, in a rare display of bi-partisan unity, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA"), after the House of Representatives approved the bill by a vote of 410-2 and the Senate approved it unanimously.
May 11, 2016
The changing regulatory landscape in the wake of the global financial crisis has resulted in a number of practical and legal challenges, particularly for those actively lending in the global markets – whether they are banks, financial institutions, funds or alternative capital providers. One of the most prominent banking reforms implemented to date is the EU Bank Recovery and Resolution Directive (the "BRRD"). The BRRD seeks to establish a common framework for failing financial institutions, notably providing regulators with bail-in powers to write down and/or convert into equity certain liabilities of a failing financial institution. The BRRD requires that an "EEA financial institution" includes the contractual recognition of a bail-in clause wit
May 4, 2016
Spearheaded by Daniel M. Kolkey, a former Associate Justice on the California Court of Appeal, Third Appellate District, and former Counsel to the Governor of California, Gibson Dunn's California Appellate Practice Group has prepared the attached California Supreme Court Spring 2016 Round-Up, which previews upcoming cases and summarizes select opinions issued by the Court.
April 28, 2016
Under U.S. sanctions regulations, U.S. persons have been prohibited from dealing with a number of individuals and entities with connections to the Hizballah organization, by way of designation to the Specially Designated Nationals ("SDN") and Blocked Persons List maintained by the U.S.
April 19, 2016
The Eighth Circuit reversed class certification in a highly anticipated ruling in IBEW Local 98 Pension Fund v. Best Buy Co. on Tuesday, April 12, 2016. The Best Buy decision is the first for a federal court of appeals since the United States Supreme Court's decision in Halliburton Co.
April 15, 2016
2015 was a significant year for the Enforcement Division of the U.S. Commodity Futures Trading Commission (CFTC or Commission). Five years after the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and its expansion of the CFTC's enforcement authority, annual enforcement fines have become very substantial--the Commission ordered a record $3.14 billion in civil monetary penalties in 2015.
April 13, 2016
The Paris office of Gibson, Dunn & Crutcher LLP is pleased to provide this French legal briefing covering France for the first quarter of 2016.The French government elected in 2012 initially took a very adverse stand against financial and international businesses in general.
April 5, 2016
On March 28, 2016, in a much-anticipated ruling in the Sun Capital case, the U.S. District Court for the District of Massachusetts held on remand that two private equity funds had formed a "partnership-in-fact" and were engaged in a "trade or business" and, accordingly, were jointly and severally liable for multiemployer pension plan "withdrawal liability" obligations of one of their portfolio companies.
March 31, 2016
I. IntroductionWith less than a week to go before the new UK regime on "people with significant control" comes into effect, are you aware as to how this will affect you whether you are an investor with a relevant stake in an in-scope entity or if you are or have within your corporate group an in-scope entity?
March 30, 2016
The use of native advertising--paid advertising that is integrated into the media in which it appears--is exploding. Native advertisements commonly appear online, but can be found in almost any form of communication, including radio, television, and print, among other media.
March 30, 2016
France is on the verge of adopting a new "bill for a Digital Republic" which will significantly impact the French digital economy. Foreign service providers directing their services to French consumers will also likely be impacted. The bill aims at strengthening consumer confidence in the internet. It is meant also to increase competition between service providers by lowering entry barriers.The upcoming reform goes well beyond existing and forthcoming EU legislation. It significantly expands consumers' right to data portability; it imposes stringent disclosure duties on online referring/ranking platforms as well as on websites collecting or disseminating consumers' opinions. Now that the bill has been adopted by the French National Assembly, it
March 29, 2016
Included in this March 2016 edition of Gibson Dunn's Federal Circuit Update is a brief overview of the upcoming Federal Circuit Judicial Conference, a summary of the pending en banc case (Medicines Co.), and a practice update regarding a proposed change to one of the Federal Circuit's internal operating procedures. Also included are summaries of a number of key recent decisions related to patent exhaustion, the patent-agent evidentiary privilege, due process issues related to election of asserted claims, and the overlap between antitrust and inequitable conduct. Gibson Dunn prevailed in two cases since our last update: In Rembrandt Social Media, LP v. Facebook, Inc., No.
March 24, 2016
As the Supreme Court continues its 2015 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in the cases on the Court's docket and the opinions in the cases the Court has already decided.
March 18, 2016
On March 4, 2016, the Indian government through the Ministry of Corporate Affairs issued a number of notifications (the 'Notifications') which have substantially (a) amended the merger control thresholds and, (b) amended as well as extended the existing target based exemption under the merger control regulations in India for another five years.Target Based ExemptionOn March 4, 2011, the Indian government had introduced a de-minimis target based exemption (i.e., based on the valuation of assets or turnover of the target company) which excluded certain transactions from the provisions of Section 5 of the [Indian] Competition Act, 2002 (the 'Competition Act') for a period of five years.
March 15, 2016
The DIFC Court of Appeal has unanimously held in DNB Bank ASA v Gulf Eyadah (CA-007-2015) that it is "not wrong" to use the DIFC Courts as a conduit jurisdiction. The decision, which overturns the holding at first instance, makes clear that parties with or without assets in the DIFC can (a) enforce a foreign judgment in the DIFC Courts and (b) take the resulting DIFC Court judgment to the Dubai Courts for execution pursuant to the enforcement provisions of the Judicial Authority Law. Absent resistance from the Dubai courts, the decision in DNB has opened a far easier route to enforcing foreign money judgments in onshore Dubai.
March 14, 2016
The Enforcement Office of the U.S Consumer Financial Protection Bureau (CFPB) attracted frequent headlines in 2015, which saw an expansion in the scope of industries targeted and the level of penalties imposed. In this Client Alert, we closely examine the CFPB's enforcement approach under Director Richard Cordray. Part I of this Alert gives an overview of the CFPB's enforcement authority under the Dodd-Frank Act. Part II includes a discussion of the principal areas of CFPB enforcement in 2014 and 2015. Part III describes how in 2015 the CFPB made use of its authority under Section 1031 of the Dodd-Frank Act to take action against "unfair, deceptive and abusive acts and practices" (UDAAP). Part IV discusses the CFPB's practices with respect to its pre
March 10, 2016